Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Adverse inference for failure to call witnesses

  • 28 Apr 2026

    SULTAN ZAHID v. HAO TAI CONTRACTOR LTD AND OTHERS

    Citation
    [2026] HKDC 663
    Court
    District Court
    Case number
    DCPI1445/2022

    D3 was the contractor responsible for the site and D2 and D3 had direct control over the relevant construction work; both D2 and D3 breached Reg 38A(2),(3) and Reg 38AA(2),(3) by failing, so far as was reasonably practicable, to provide suitable and adequate safe access (eg a mobile working platform), to prevent access to a hazardous place and to carry out adequate patrolling; those statutory breaches materially caused the plaintiff's accident and injuries; common law negligence claims against D2 and D3 fail; plaintiff awarded damages net of EC and interest.

    • Breach of statutory duty under cssr reg 38a/38aa
    • Common law negligence
    • Non-delegable duty
    • Reasonable practicability
    • Causation
    • Quantum of damages

  • 6 Oct 2025

    DELIGHT WEALTHY COMPANY LTD AND ANOTHER v. CRYSTAL GOLD INVESTMENT LTD AND OTHERS

    Citation
    [2025] HKCFI 4538
    Court
    Court of First Instance
    Case number
    HCA1651/2021

    On the balance of probabilities the court found the alleged oral True Arrangement and the Representation were not proved; the Loan Documents were intended to create legally binding obligations and are enforceable; Crystal Gold and Eric liable to repay EUR 8,085,000 and EUR 3,350,000 with interest as ordered; the D5 Charge was dated/created in April 2021, was executed with intent to defeat creditors or at least prejudiced Delight Wealthy and is voidable and declared null and void under s.60 CPO; the defendants' counterclaim for reimbursement was dismissed; final injunction granted in terms of…

    • Loan agreement enforcement
    • Sham transaction
    • Promissory estoppel
    • Collateral agreement
    • Misrepresentation and rescission
    • Voidable dispositions and s.60 conveyancing and property ordinance

  • 5 Feb 2024

    CH v. TTHM

    Citation
    [2024] HKFC 17
    Court
    Family Court
    Case number
    FCMC8214/2011

    H failed to discharge the burden of proof that the Disputed Properties were beneficially owned by the alleged beneficiaries or funded by the Alleged Trust; documentary and oral evidence was unreliable or inconsistent, key witnesses (the alleged beneficiaries) were not called and an adverse inference was drawn; accordingly all Disputed Properties are beneficially owned by H and the respondent's section 17 relief is granted in the terms ordered.

    • Beneficial ownership
    • Section 17 mppo applications
    • Constructive trust
    • Adverse inference for failure to call witnesses
    • Authenticity of documents
    • Preliminary issue in ancillary relief

  • 18 Jul 2023

    CHENG KA SHING v. BONUS PLUS COMPANY LTD

    Citation
    [2023] HKCA 859
    Court
    Court of Appeal
    Case number
    CACV85/2020

    Leave to appeal to the Court of Final Appeal was refused because the applicant failed to demonstrate special circumstances or miscarriage of justice: the Court of Appeal upheld the trial judge's factual findings on credibility, possession and animus; the new statutory point (Reg 4(2)(a)) was not pleaded or evidenced and was fact‑sensitive; the application merely re‑ran unsuccessful appellate arguments.

    • Adverse possession
    • Limitation period (20 years)
    • Evidentiary burden and credibility
    • Self‑serving statements
    • Leave to appeal under 'or otherwise' ground
    • Adverse inference for failure to call witnesses

  • 8 Aug 2018

    IP PANG SHEUNG v. WONG TSAI TRANSPORTATION LTD

    Citation
    [2018] HKDC 951
    Court
    District Court
    Case number
    DCEC2170/2015

    On the balance of probabilities the applicant was an employee of the respondent on the date of the accident; an adverse inference was rightly drawn from the respondent's failure to call available witnesses; medical evidence of Dr Lam that the applicant suffered a compression fracture at L2 with 38% collapse justifies adopting 12% loss of earning capacity (substituting MAB's 6%).

    • Employment status (employee v independent contractor)
    • Compensation for workplace injury
    • Assessment of loss of earning capacity
    • Adverse inference for failure to call witnesses
    • Costs and taxation

  • 22 Oct 2010

    TELINGS INTERNATIONAL HONG KONG LTD v. JOHN HO AND OTHERS

    Citation
    TELINGS INTERNATIONAL HONG KONG LTD v. JOHN HO AND OTHERS
    Court
    Court of Appeal
    Case number
    CACV10/2010

    The appeal was allowed because the trial judge inadequately addressed the complex and disputed factual matrix, rejected defence viva voce evidence without properly drawing adverse inferences from the plaintiff's failure to call witnesses and failed to make material factual findings; those defects prevented a fair determination on the merits and required setting aside the judgment and ordering a retrial before a different judge.

    • Guarantee enforcement
    • Sham/pretence transaction
    • Reverse takeover/listing
    • Adverse inference for failure to call witnesses
    • Retrial

  • 21 Nov 2007

    SUM NGO SHEUNG WINNIE v. AXA CHINA REGIONAL INSURANCE CO LTD

    Citation
    SUM NGO SHEUNG WINNIE v. AXA CHINA REGIONAL INSURANCE CO LTD
    Court
    District Court
    Case number
    DCCJ3011/2005

    Defendant failed to discharge the burden of proving on the balance of probabilities that the Plaintiff induced the seven agents to leave; the Plaintiff's credible evidence and plausible non‑inducement explanations (standard resignation letter practice, low branch morale, prior earlier resignation, and recruitment approach by AIA) made alternative inferences more probable; no adverse inference was drawn for failure to call the agents. Judgment entered for Plaintiff, termination declared wrongful, and inquiry ordered to quantify outstanding commission and remuneration.

    • Breach of contract
    • Inducement/non-solicitation
    • Termination for cause
    • Adverse inference for failure to call witnesses
    • Trust funds (provident fund)